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Declaration Of Trust

Declaration Of Trust Template for New Zealand

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Key Requirements PROMPT example:

Declaration Of Trust

"I need a Declaration of Trust to establish a family trust in New Zealand by March 2025, with three trustees (including one independent trustee) to manage our family home and investment portfolio for the benefit of my children and future grandchildren."

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Document background
The Declaration of Trust is a crucial legal instrument used in New Zealand when establishing a formal trust arrangement. This document is essential for individuals or entities looking to create a trust structure for asset protection, estate planning, or business purposes. It must comply with the New Zealand Trusts Act 2019 and related legislation, making it suitable for various scenarios including family trusts, charitable trusts, and investment trusts. The Declaration of Trust outlines the complete framework of the trust relationship, including the initial settlement, trustee appointments, beneficiary designations, and administrative provisions. It's particularly important in New Zealand's legal context, where trusts are commonly used for asset management, succession planning, and property holding arrangements.
Suggested Sections

1. Parties: Identifies the Settlor(s) and initial Trustee(s) with their full legal names and addresses

2. Background: Sets out the context and intention to create the trust, including reference to any property or assets being settled

3. Definitions: Defines key terms used throughout the deed for clarity and consistent interpretation

4. Declaration of Trust: Formal declaration establishing the trust and confirming the transfer of initial trust property

5. Trust Name: Specifies the official name by which the trust will be known

6. Trust Property: Describes the initial trust property and provisions for adding future property

7. Beneficiaries: Identifies and defines the class of beneficiaries who may benefit from the trust

8. Trustees' Powers: Comprehensive list of powers granted to trustees in managing trust property

9. Trustees' Duties: Specifies mandatory and default duties as per the Trusts Act 2019

10. Trust Administration: Details the operational aspects of managing the trust

11. Distribution Provisions: Sets out how and when trust property can be distributed to beneficiaries

12. Duration and Vesting: Specifies the trust period and final vesting provisions

13. Trustee Appointment and Removal: Procedures for appointing new trustees and removing existing ones

14. Trustee Remuneration: Provisions for trustee compensation and expense reimbursement

15. Variation of Trust: Circumstances and procedures for amending trust terms

16. Governing Law: Confirms New Zealand law as governing law and jurisdiction

Optional Sections

1. Perpetuity Period: Required only if the trust needs to specify a particular perpetuity period different from the default

2. Investment Guidelines: Specific investment policies and restrictions, useful for trusts with substantial financial assets

3. Conflict Resolution: Procedures for resolving disputes between trustees or with beneficiaries, recommended for larger family trusts

4. Protector Provisions: Required when appointing a trust protector to oversee certain trustee actions

5. Special Powers: Additional powers for specific situations such as running a business or maintaining particular assets

6. Child Beneficiary Provisions: Special provisions for managing benefits for minor beneficiaries

7. Relationship Property Provisions: Specific clauses dealing with relationship property issues, important for family trusts

Suggested Schedules

1. Schedule 1 - Initial Trust Property: Detailed list and description of all property initially settled on the trust

2. Schedule 2 - Named Beneficiaries: List of specifically named beneficiaries and their details

3. Schedule 3 - Trustee Powers: Comprehensive list of specific powers granted to trustees

4. Schedule 4 - Trustee Remuneration: Detailed provisions for trustee fees and expense reimbursement

5. Schedule 5 - Trust Administration Rules: Detailed procedures for trust meetings, decisions, and record-keeping

6. Appendix A - Execution Requirements: Requirements for proper execution of trust documents

7. Appendix B - Certificates of Independent Advice: Certificates from legal advisors confirming independent advice to settlor/trustees

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions













































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Relevant Industries

Financial Services

Real Estate

Wealth Management

Family Business

Agriculture

Professional Services

Private Banking

Estate Planning

Property Investment

Asset Management

Relevant Teams

Legal

Wealth Management

Trust Administration

Estate Planning

Tax Advisory

Compliance

Risk Management

Private Client Services

Asset Management

Trust Operations

Relevant Roles

Trust Lawyer

Estate Planning Attorney

Wealth Manager

Financial Advisor

Trust Administrator

Property Manager

Trust Accountant

Tax Advisor

Compliance Officer

Risk Manager

Trust Operations Manager

Private Client Advisor

Family Office Manager

Asset Manager

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Industries







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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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